Principle

LIMITATION LAW — Limitation of Actions — Pleading of Limitation Defence — Requirement to Plead Facts, Not Law

Area of law: LIMITATION LAW — Limitation of Actions
Court: Supreme Court

The limitation defence requires pleading facts showing that the action was filed after the prescribed period. The legal conclusion (statute-barred) need not be pleaded. The defence can be raised as a preliminary objection without evidence if the dates on the writ and statement of claim…

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